40 Tex. Admin. Code § 802.143 - Hearing Procedures
(a) The
sanction determination hearing shall be conducted in person in Austin, Texas,
unless the parties agree to a telephonic hearing or request a different
location.
(b) The hearing shall be
conducted informally and in such manner as to ascertain the substantial rights
of the parties. All issues relevant to the appeal shall be considered and
addressed, and may include:
(1) Presentation
of Evidence. The parties to an appeal may present evidence that is material and
relevant, as determined by the hearing officer. In conducting a hearing, the
hearing officer shall actively develop the record on the relevant circumstances
and facts to resolve all issues. To be considered as evidence in a decision,
any document or physical evidence must be entered as an exhibit at the
hearing.
(2) Examination of Parties
and Witnesses. The hearing officer shall examine parties and any witnesses, and
shall allow cross-examination to the extent the hearing officer deems necessary
to afford the parties due process.
(3) Additional Evidence. The hearing officer,
with or without notice to any of the parties, may take additional evidence as
deemed necessary, provided that a party shall be given an opportunity to rebut
the evidence if it is to be used against the party's interest.
(4) Appropriate Hearing Behavior. All parties
shall conduct themselves in an appropriate manner. The hearing officer may
expel any individual, including a party, who fails to correct behavior the
hearing officer identifies as disruptive. After expulsion, the hearing officer
may proceed with the hearing and render a decision.
(c) Records.
(1) The hearing record shall include the
audio recording of the proceeding and any other relevant evidence relied on by
the hearing officer, including documents and other physical evidence entered as
exhibits.
(2) The hearing record
shall be maintained in accordance with federal and state law.
(3) Confidentiality of information contained
in the hearing record shall be maintained in accordance with federal and state
law.
Notes
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